Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Cybersecurity Law & StrategyFeaturesCybersecurityPrivacyRegulation

How to Avoid Running Afoul of Privacy Laws

By Dan Panitz and Jerry McIver
June 01, 2023

Privacy laws and enforcement are causing big changes to global commerce and have now arrived at our doorstep. The million dollar questions are how this will affect our businesses and what, if anything, do we need to do about it? While the first answer may vary by vertical and use case, the second answer most definitely involves reducing our risk in multiple areas inclusive of how we collect, store and use data.

|

When Enforcement Comes Knocking

The California Consumer Privacy Act (CCPA) led the way as the nation's first comprehensive consumer privacy law. Although the law took effect on Jan. 1, 2020, we saw the first public CCPA enforcement action in August 2022 with a $1.2 million fine against Sephora. While Forbes called this the "Sephora shot" heard around the world, we can be certain it won't be the last and is likely the beginning of a pronounced era of privacy regulation as evidenced by President Biden's October 7, 2022 Executive Order to Implement the European Union-U.S. Data Privacy Framework.

Extending variations of the CCPA elsewhere in the U.S., Colorado, Connecticut, Utah and Virginia have all enacted new consumer privacy laws becoming or having become effective throughout 2023 with many more being tracked through respective legislative processes. (Our colleagues at Legaltech News have put together an interactive map of the evolving patchwork of privacy laws in the U.S.) Saying these new laws and the current tip-of-the-iceberg enforcement actions will wax and wane like some laws have been enforced is a mistake we cannot afford to make, given both regulatory and civil litigation trending now.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.